(1) When any property is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit the case for trial during any investigation, inquiry or trial, the Court or the Magistrate may make such order as it thinks fit for the proper custody of such property pending the conclusion of the investigation, inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court or the Magistrate may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.—For the purposes of this section, “property” includes— (a) property of any kind or document which is produced before the Court or which is in its custody; (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence. (2) The Court or the Magistrate shall, within a period of fourteen days from the production of the property referred to in sub-section (1) before it, prepare a statement of such property containing its description in such form and manner as the State Government may, by rules, provide. (3) The Court or the Magistrate shall cause to be taken the photograph and if necessary, videograph on mobile phone or any electronic media, of the property referred to in sub-section (1). (4) The statement prepared under sub-section (2) and the photograph or the videography taken under sub-section (3) shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita. (5) The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared under sub-section (2) and the photograph or the videography has been taken under sub-section (3), order the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter.
Bharatiya Nagarik Suraksha Sanhita
Section 497
Order for custody and disposal of property pending trial in certain cases
⚡ Quick Answer Reference: Section 497 BNSS
- Provision: Section 497 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: DISPOSAL OF PROPERTY
- Jurisdiction: India
- Summary: This section allows a court or magistrate to make an order for the proper custody of property that is produced during an investigation, inquiry, or trial. If the property is perishable or it's necessary to dispose of it, the court can order its sale or disposal after recording necessary evidence.
What does Section 497 of BNSS say?
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What does Section 497 of BNSS mean?
Plain English Explanation
This section allows a court or magistrate to make an order for the proper custody of property that is produced during an investigation, inquiry, or trial. If the property is perishable or it's necessary to dispose of it, the court can order its sale or disposal after recording necessary evidence.
Practical Interpretation
In practical terms, this section enables the court to take control of property that is relevant to a case and ensure its safekeeping until the trial is over. If the property is perishable or needs to be disposed of, the court can take steps to preserve its value or prevent its deterioration.
Core Legal Purpose
The core purpose of this section is to provide a framework for the management of property that is relevant to a case, ensuring its proper custody and disposal if necessary, to facilitate a fair and efficient trial process.
- •Property is produced before a court or magistrate during an investigation, inquiry, or trial.
- •The court or magistrate has the power to make an order for the proper custody of the property.
- •The property is subject to speedy and natural decay, or it's otherwise expedient to dispose of it.
- •The court or magistrate must record necessary evidence before ordering the sale or disposal of the property.
Practical Example of Section 497 BNSS
Rajesh, a police officer, is investigating a case of theft. During the investigation, he seizes a valuable necklace that is likely to decay if not preserved properly. Under Section 497 of BNSS, Rajesh can produce the necklace before the court and request an order for its proper custody. The court, after recording necessary evidence, can order the necklace to be preserved in a secure facility until the trial is over. If the necklace is deemed to be of little value or is otherwise expedient to dispose of, the court can order its sale or disposal.
Frequently Asked Questions about Section 497 BNSS
Q: What is the punishment or consequence under Section 497 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the process for the management of property relevant to a case, but it does not specify any punishment or consequence for non-compliance.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it refers to property that is produced before a court or magistrate during an investigation, inquiry, or trial. The section does not distinguish between private and public entities in this context.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to the commission of an offence. Therefore, it is not bailable or cognizable in the classical sense. However, the section may be relevant in the context of a criminal investigation or trial, where the management of property is a critical aspect of the proceedings.
Common Questions about Section 497 BNSS
What is Section 497 of BNSS?
Section 497 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Order for custody and disposal of property pending trial in certain cases". In plain terms: This section allows a court or magistrate to make an order for the proper custody of property that is produced during an investigation, inquiry, or trial. If the property is perishable or it's necessary to dispose of it, the court can order its sale or disposal after recording necessary evidence.
What is the punishment under Section 497 of BNSS?
Section 497 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 497 of BNSS bailable or non-bailable?
Whether Section 497 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 497 of BNSS?
The essential elements of Section 497 of BNSS are: Property is produced before a court or magistrate during an investigation, inquiry, or trial.; The court or magistrate has the power to make an order for the proper custody of the property.; The property is subject to speedy and natural decay, or it's otherwise expedient to dispose of it..
Landmark Judgments under Section 497 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 497
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